Under the Industrial Relations Act 1979 (WA), the claimant alleged that the respondent breached entitlement provisions of various industrial agreements applicable to union member Mr Corr during his employment. The alleged contraventions relate to the payment of a 20% loading for night shift and additional annual leave entitlements for continuous shift workers.

Magistrate O’Donnell concluded that the claim should be dismissed for several reasons. Firstly, Magistrate O’Donnell addressed the respondent's ability to be sued, establishing that the North Metropolitan Health Service (NMHS) is a relevant successor to the Metropolitan Health Services Board, and thus the entire claim is properly brought.

In relation to the Night Shift Penalty Contravention, Magistrate O’Donnell examined Mr Corr’s work arrangement and working hours, ultimately determining that his schedule did not constitute night shifts as defined in the agreements. Magistrate O’Donnell emphasised that Mr Corr’s long-standing work pattern, which began with the 1990 Agreement, was informal and not governed by rosters, leading to the dismissal of the claim for the Night Shift Penalty Contravention.

Similarly, regarding the Annual Leave Contravention, Magistrate O’Donnell found that Mr Corr did not meet the criteria for being considered a "continuous shift worker" as defined in the agreements, and therefore, the claim for additional annual leave was dismissed.

Magistrate O’Donnell also discussed the doctrine of estoppel, concluding that had the claim been valid, the claimant would have been estopped from 15 December 2017 onwards due to representations made during a meeting and subsequent silence, which induced the respondent to maintain the status quo.

In summary, Magistrate O’Donnell dismissed the entire claim, ruling that Mr Corr was not entitled to the alleged contraventions of night shift penalties and additional annual leave and that the doctrine of estoppel would apply if the claim had been valid.

The decision can be read here.